Federal Legal Materials
Jan Novak / Legal WritingAssociate Director, Law Library / Law 504
216-687-6913 / Spring Semester 2009
/ Prof. Brian Glassman
This document introduces some of the major primary and secondary sources of federal authority available to C-M students at the Law Library, or on subscription databases or the Internet. It is not intended to be comprehensive. For assistance in locating or using these or other federal legal resources, please do not hesitate to contact a member of the Law Library staff.
I. PRIMARY SOURCES AND FINDING AIDS
A. Cases and Court Materials
1. Supreme Court
United States Reports (volume 1-, 1754- ) KF101.1 .U54
Second level and Microform Collection, Base level
Official edition of the U. S. Supreme Court decisions, since 1817; Decisions appear in slip opinion form first, followed by an Official Advanced Sheet (Preliminary Print) until the bound volume comes out. Hein Online Contains U.S. Reports, Preliminary Prints and Slip Opinions.
[West’s] Supreme Court Reporter (volume 1-, 1882- ) KF 101 A322
Covers 106 US - Second level and Microform Collection, Base level (volume 1-44; 1882-1924); Publish biweekly advance sheets of the Court’s decisions.
Editorial enhancements include: synopses of decisions and & Key Numbers
United States Supreme Court Reports, Lawyers= Edition (1st volume 1-100, 1882-1955; 2d volume 1-, 1956- ); KF101.A312; 3
Covers 1 US -; Second level; Publish biweekly advance sheets of the Court’s decisions. Editorial enhancements include: synopses of decisions and headnotes
Westlaw (SCT; SCT-OLD ALLFEDS); Use FIND feature to retrieve by citation
LexisNexis (USLED); Use GET feature to retrieve by citation
United States Supreme Court Digest, KF101.1 .U55
Second level; Part of West’s Key Number System
Digest of United States Supreme Court Reports, Lawyers Edition
Second level; Headnotes from the cases that appear in United States Supreme Court Reports, Lawyers’ Edition version are arranged by topic in this set along with other research references.
United States Supreme Court Records and Briefs 1897 -
Microform collection, Base level; Also, Lexis, (BRIEFS) 1979 –; Westlaw (SCT-BRIEF) 1990 –
Shepard’s United States Citations KF101.2 .S54
Second level; Electronic: LexisNexis (also at reference workstations on Law Library First level); Westlaw equivalent: KeyCite
United States Law Week KF105 .U54
Current year, Reference and Reserve, prior years Second level Electronic access for
CSU faculty and students
Internet sites:
Where to obtain US Supreme Court Opinions - a document of all the published print and electronic sources for the court's opinions. Opinions from the 2000 term to date are published on the Supreme Court's web site Other sources include:
· Cornell's Legal Information Institute Supreme Court Collection for decisions released from 1990 to date, and the LII Collection of Historic Decisions of over 600 historic US Supreme Court opinions. These Historic Decisions are searchable by topic as well as party name and opinion author
· FedWorld FLITE databaseof opinions from 1937 - 1975
· FindLaw's Supreme Court Opinions free searchable database of opinions dating back to 1893
· United States Supreme Court Records and Briefs The Curiae Project at the Yale Law Library provides Supreme Court records and briefs : cases are selected for addition to the site based on a ranking developed from citation data in historical and constitutional texts.
2. Federal Courts
Federal Reporter - 1880- KF110 .F42; - 2; -3
Second level; 1880-1988 Microforms Base level
Now in 3rd series; Selected decisions from US Circuit Courts of Appeals and District Courts in 1880-1931 volumes. 1932- volumes cover decisions from US Circuit Courts of Appeals.
Federal Supplement - 1932- KF120 .F42; - 2
Second level;Now in 2nd series; Selected decisions from US District Courts.
Federal Appendix - 2001- KF110 .F43
Second level; Selected unreported decisions from US Circuit Courts of Appeals.
Federal Rules Decisions - 1940- KF8830 .W47
Atrium level ranges; Selected decisions from US District Courts on procedural issues related to Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure. Also includes judicial conference proceedings, speeches, and articles
[West’s] Bankruptcy Reporter – 1980- KF1515.A2 W47
Atrium level Bankruptcy cases decided in United States bankruptcy courts, United States District Courts, United States Courts of Appeals, Supreme Court of the United States.
Federal Cases - West publication; published 1894-1897. KF110 .F4
Covers 1789-1880 federal court decisions. Arranged alphabetically by case name.
Westlaw – (CTA, CTAU, CTAR, ALLFEDS, DCT, DCTR, DCTU) Use FIND feature to retrieve by citation
LexisNexis - (COURTS, OLDER) Use GET feature to retrieve by citation
United States Law Week KF105 .U54
Current year, Reference and Reserve, prior years Second level Electronic access for
CSU faculty and students
West’s- Federal Practice Digest (1st - 4th, 1960- ) KF127.W482; -3; -4
Second level; Digests federal case law, 1754 to date. Now in fourth series
Internet sites:
U.S. Courts: The Federal Judiciary TheAdministrative Office of the U.S. Courts provides links to all federal courts web sites, PACER service center, and other federal court information. Ohio is in the Sixth Circuit Federal Court of Appeals ; the federal trial court serving Northeast Ohio is the United States District Court, Northern District, for the State of Ohio ;its web site contains forms and some notable cases . Bankruptcy case information, forms and publications of theUnited States Bankruptcy Court, Northern District of Ohio appear on its web site
PACER (Federal Court dockets) Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information from Federal Appellate, District and Bankruptcy courts, and from the U.S. Party/Case Index. Note: PACER requires registration and results are not free (currently $.08 page)
LexisONEprovides access to several recent years of federal case law; FindLaw provides links to searchable databases of federal appellate court opinions by circuit
3. Federal Court Rules
Published as part of Title 28 in the United States Code Annotated ( KF62.5 .W45 First level range 219A and second level range 303A)as Rules volumes and in the USCS Court Rules volumes of the United States Code Service (KF62 .L38 First level ranges 204A & 204B)
Federal Local Court Rules KF8816 .A2 2001 West, 2001 - First level
Westlaw (US-RULES) Rules from United States Code Annotated.
Lexis (RULES) This file contains the Federal Rules Annotated from the United States Code Service.
On the Internet: Supreme Court Rules at the Court’s web site ; Federal Rules in Effect ; Federal Local Court Rules at the U.S. Court’s web site. Other sources include Legal Information Institute; LLRX Index of Court Rules Forms and Dockets
Also published as annual soft cover compilations - see Scholar for examples. See also the federal practice treatises listed below.
B. Statutes and Annotated Codes
1. Official
Revised Statutes of the United States KF60 .U54 1878 Second level; Microforms, Base level
Authority for pre-1873 laws: 1st ed. 1873: First official subject compilation of federal legislation. ; 2nd ed. 1878: Reenacted 1st ed., in its entirety, as positive law. Repealed original Statutes at Large versions
United States Statutes at Large KF50 .U5 Second level; Microform Collection, Base level; Since the 85th Congress, when a bill is passed by Congress and signed by President, it receives a Public Law number (eg, 101-650), is issued as a Slip Law; and published in the Statutes at Large (eg, 104 Stat 5128).
Public Law number = Congress number - Law number
Prior to the 85th Congress, laws were given Public Law Chapter Numbers.
“The United States Statutes at Large is legal and permanent evidence of all the laws enacted during a session of Congress (1 U.S.C. 112). It also contains concurrent resolutions, reorganization plans, proposed and ratified amendments to the Constitution, and proclamations by the President.”
On the Internet, Statutes at Large, 1789-1875 provided at the Library of Congress’ American Memory Project. Public Laws, beginning with the 104th Congress, appear on GPO Access. See also HeinOnline U.S. Statutes at Large Library
United States Code - KF 62 Second level; 1940- Microform Collection, Base level; 1st ed. 1926.
Subject compilation of federal legislation into 50 Titles, with annual cumulative supplements. Completely revised publication every six years (approximately 35 volumes); Each section includes Statutes at Large source, historical notes and cross references.
On the internet, the United States Code, is provided at the US GPO Access website,Cornell's Legal Information Institute US Code arranged by section with links to updated legislation, Findlaw , and the U.S. House of Representatives U.S. Code web page.
2. Annotated: Annotated codes reproduce the text of the official code, add extensive editorial enhancements, indexes and finding aids and are more current than the official code, as they are frequently supplemented with pocket parts and pamphlets. Each code section is followed by annotations to cases, administrative code sections, attorney general opinions, legislative history materials as well as numerous secondary sources. They include the Constitution and Amendments, as well as federal court rules, popular name tables, and tables correlating Statutes at Large and Public Law numbers to US code sections.
United States Code Service KF62 .L38 First level ranges
LexisNexis: [USCS, LegalFederal Legal - U.S.United States Code Service (USCS) Materials; United States Code Service Materials (Archived)]
United States Code Annotated KF62.5 .W45 First and second levels Westlaw: (USCA, USCA-IDX, USCA-POP, USCA-TABLES, All Databases> U.S. Federal Materials> Statutes> United States Code Annotated - Historical Versions)
C. Legislation: Legislative History materials are useful in determining legislative intent or the meaning of particular provisions of statutes, as well as guidelines for judicial interpretation. Potential laws introduced into House of Representatives and/or Senate as bill or resolution and assigned a number (eg, H.R. 1696; S 198). Bills often affect multiple code sections. Bills are referred to appropriate Committee(s), which may generate the following types of documents:
· Committee Reports: explanations; key to legislative intent.
· Committee Prints: background studies
· Committee Documents: activity accounts
· Committee Hearings: witness testimony.
Debate on the House or Senate Floor may be reported in the Congressional Record: look for Committee members' statements. Both the House and Senate must pass a bill, which then goes to the President for approval or veto. A 2/3 vote of the House and Senate overrides a veto. If passed and approved, the bill receives a Public Law number, is issued as a Slip Law; and published in Statutes at Large. All the documents produced along this path constitute the legislative history.
United States Code Congressional And Administrative News KF48 .W45
West publication; 1941- First and second levels
Reprints texts of all federal acts in Public Laws volumes and reprints committee reports on selective basis in Legislative History volumes. Occasionally reprints Presidential signing statements. Reprints Presidential Proclamations and Executive Orders.
Westlaw (USCANN) See also All Databases> U.S. Federal Materials> Legislative History for complete list of legislative history files.
CIS Index, Abstracts, and Microfiche Library
Congressional Information Service publication; 1970- Microform Collection, Base level Detailed indexing and abstracting service of Congressional publications (1970-); also provides full-text microfiche copies. For details on using CIS Materials, see the Law Library resource guide Congressional Information Service Legislative Resources.
Thomas: Legislative Information for the Public: The Library of Congress web site provides legislative documents from the 104th Congress to date. Among the many databases available are: Bill Summary & Status, 1973 to present; Bill text, 1989 to present, Public Law by Law Number, 1973 to present, House votes, 1990 to date, Senate votes, 1989 to date, Congressional record, 1989 to date, Committee reports, 104th Congress to date, as well as daily activity for the current Congress
United States House and Senate Bills and Resolutions
1979- 96th Congress- Microform Collection Base level
US Government Printing Office publication; Use Cumulative Finding Aid to locate bills.
On the Internet, GPO Access provides Congressional Bills and Resolutions from the 103rd Congress forward
Congressional Record KF35 .U57
1873- (43rd Congress- ) Second floor ranges and Microform collection, Base level. Only print source of full-text of Congressional floor debates.
On the Internet, GPO Access provides the daily Congressional Record from 1994 -
See also HeinOnline Congressional Documents Library
Commercially compiled and published legislative histories may be available in the Library’s collection – search Scholar for titles such as:
Congress and the Tobacco Industry : a Legislative History of the Universal Tobacco Settlement Act (Hein, 2003) KF1297.T63 M36 2003
USA Patriot Act : a Legislative history of the Uniting and Strengthening of America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, Public Law no. 107-56 (2001) (Hein, 2002) KF9430.A316 U83 2002
D. Administrative Law Materials: Administrative materials emanate from the rulemaking and adjudication functions of federal departments and agencies. Sources include Presidential Proclamations, Executive orders, rules and regulations of Executive branch agencies, and decisions, orders and opinions of independent administrative agencies.
1. Regulations: Federal agencies are required to publish notices of proposed rulemaking in the Federal Register. A proposed rule published in the Federal Register notifies the public of a pending regulation. For each notice, the Federal Register gives detailed instructions on how, when, and where comments on the proposed rule may be expressed and contact information. When agencies publish final regulations in the Federal Register, they must address the significant issues raised in comments and discuss any changes made in response to them.
Federal Register (FR) KF70 A2 Microforms Collection, Base level; current year First Level. Official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents. Chronological arrangement, analogous to the Statutes at Large. Finding Aids In Each FR Issue include a Table of Contents B arranged by Agency; List of Code of Federal Regulations (CFR) parts affected in that FR issue, Current month’s Table of FR Pages and Dates; Current month’s Cumulative List of CFR Parts Affected
Hein Online Federal Register/Code of Federal Regulations Collection
Westlaw - (FR) July 1, 1980 to date
LexisNexis (FEDREG) July 1, 1980 to date -
On the Internet, the Federal Register appears at GPO Access from 1994 to date